18. (1) Section 359A (inserted by section 29 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended by inserting the following subsection after subsection (1):

“(1A) For the purposes of subsection (1), a reference to employment includes a reference to self-employment.”.

(2) The Principal Act is amended by inserting the following section after section 359A:

“Discrimination on grounds of age in relation to employment schemes and other schemes and programmes

359B. (1) The Minister, in respect of a class of persons prescribed by the Minister under subsection (2), may discriminate on the grounds of age in—

(a) providing, or arranging for and co-ordinating the provision of, a scheme, programme or assistance under section 359A(1) (a),

(b) assisting, whether financially or otherwise, in the provision of a scheme, programme or assistance referred to in section 359A(1) (a), or

(c) providing for any scheme or programme under section 359A(2).

(2) The Minister may prescribe a class or classes of persons for the purposes of subsection (1) where, on the basis of the information relating to the unemployment rate, the participation rate, or the average duration of unemployment compiled by the Central Statistics Office under section 10 of the Statistics Act 1993 and contained in the most recently published survey for the time being known as the Quarterly National Household Survey—

(a) the unemployment rate for the class of persons is higher than the national unemployment rate,

(b) the participation rate for the class of persons is lower than the national participation rate, or

(c) the average duration of unemployment of unemployed persons in the class of persons is higher than the average national duration of unemployment.

(3) Before 1 August 2016 and every 2 years after 2016, the Minister shall—

(a) carry out a review of the operation, effectiveness and impact of this section,

(b) consider whether the prescribing of a class or classes of persons under subsection (2) continues to be necessary, having regard to the matters referred to in paragraph (a), (b) or (c) of that subsection,

(c) make such findings as he or she thinks appropriate consequent on the review and consideration, and

(d) cause a written report of his or her findings resulting from the review and consideration to be prepared and laid before each House of the Oireachtas.

(4) Section 11 of the Employment Equality Act 1998 shall not apply in relation to the performance by the Minister of his or her functions under this section.”.